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elected ; and if two or more, on the same shore, shall have an equal number of ballots in their favour, by which the choice shall not be determined on the first ballot, then the electors shall again ballot before they separate, in which they shall be confined to the persons who on the first ballot shall have had an equal number; and they who shall have the greatest number in their favour on the second ballot, shall be accordingly declared and returned duly elected ; and if the whole number should not thus be made up, because of an equal number on the second ballot still being in favour of two or more persons, then the election shall be determined by lot between those who have equal numbers ; which proceedings of the electors shall be certified under their hands, and returned to the chancellor for the time being.
17. That the electors of senators shall judge of the qualifications and elections of members of their body ; and on a contested election shall admit to a seat, as an elector, such qualified person as shall appear to them to have the greatest number of legal votes in his favour.
18. That the electors, immediately on their meeting, and before they proceed to the election of senators, take such oath of support and fidelity to this state, as this convention or the legislature shall direct, and also an oath “to elect without favour, affection, partiality, or prejudice, such persons for senators, as they in their judgment and conscience believe best qualified for the office.”
19. That, in case of refusal, death, resignation, disqualification, or removal out of this state of any senator, or on his be. coming governor, or a member of the council, the senate shall, immediately thereupon, or at their next meeting thereafter, elect by ballot (in the same manner as the electors are above directed to choose senators) another in his place, for ihe residue of the said term of five years.
20. That not less than a majority of the senate, with their president, (to be chosen by them by ballot,) shall constitute a house for the transacting any business other than that of adjourning.
21. That the senate shall judge of the elections and qualification of senators.
22. That the senate may originate any other, except money bills, to which their assent or dissent only shall be given : and may receive any other bills from the house of delegates, and assent, dissent, or propose amendments.
23. That the general assembly meet annually, [on the first Monday of November,] and, if necessary, oftener.
24. That each house shall appoint its own officers, and set. tle its own rules of proceeding:
25. That a person of wisdom, experience, and virtue, shall be chosen governor, (on the second Monday of November,
seventeen hundred and seventy-seven, and on the second Monday in every year for ever thereafter,] by the joint ballot of both houses, (to be taken in each house respectively) deposited in a conference room ; the boxes to be examined by a joint committee of both houses, and the numbers severally reported, that the appointment may be entered ; which mode of taking the joint ballot of both houses shall be adopted in all cases. But if two or more shall have an equal number of ballots in their favour, by which the choice shall not be determined on the first ballot, then a second ballot shall be taken, which shall be confined to the persons who on the first ballot shall have had an equal number ; and if the ballots should again be equal between two or more persons, then the election of the governor shall be determined by lot between those who have equal numbers; and if the person chosen governor shall die, resign, remove out of the state, or refuse to act, (sitting the general assembly,) the senate and house of delegates shall immediately thereupon proceed to a new choice, in manner aforesaid.
26. That the senators and delegates, (on the second Tuesday of November, seventeen hundred and seventy-seven, and annually on the second Tuesday of November, for ever thereafter,] elect by joint ballot (in the same manner as senators are directed to be chosen) five of the most sensible, discreet, and experienced men, above twenty-five years of age, residents in the state above three years next preceding the election, [and having therein a freehold of lands and tenements, above the value of one thousand pounds current money, ] to be the council to the governor, whose proceedings shall be always entered on record, to any part whereof any member may enter his dissent ; and their advice, if so required by the governor, or any member of the council, shall be given in writing, and signed by the members giving the same respectively ; which proceedings of the council shall be laid before the senate or house of delegates, when called for by them or either of them. The council may appoint their own clerk, who shall take such oath of support and fidelity to this state, as this convention, or the legislature, shall direct ; and of secrecy, in such matters as he shall be directed by the board to keep secret.
27. [That the delegates to congress from this state, shall be chosen annually, or superseded in the mean time, by the joint ballot of both houses of assembly; and that there be a rotation, in such manner, that at least two of the number be annually changed ; and no person shall be capable of being a delegate to congress for more than three in any term of six years ; and no person who holds any office of profit in the gift of congress, shall be eligible to sit in congress ; but if appointed to any such office, his seat shall be thereby vacated. That no person, unless above twenty-five years of age, and a resident in the state more than five years next preceding the election, and having real and personal estate in this state above the value of one thousand pounds current money, shall be eligible to sit in congress.]
28. That the senators and delegates, immediately on their annual meeting, and before they proceed to any business, and every person hereafter elected a senator or delegate, before he acts as such, shall take an oath of support and fidelity to this state, as aforesaid ; and before the election of a governor, or members of the council, shall take an oath, “to elect without favour, affection, partiality, or prejudice, such person as governor, or member of the council, as they, in their judgment and conscience, believe best qualified for the office."
29. That the senate and delegates may adjourn themselves respectively ; but if the two houses shall not agree on the same time, but adjourn to different days, then shall the governor appoint and notify one of those days, or some day between and the assembly shall then meet and be held accordingly : and he shall, if necessary, by advice of the council, call them before the time, to which they shall in any manner be adjourned, on giving not less than ten days' notice thereof : but the governor shall not adjourn the assembly, otherwise than as aforesaid, nor prorogue nor dissolve it at any time.
30, That no person, unless above twenty-five years of age, a resident in this state above five years next preceding the election, (and having in the state real and personal property above the value of five thousand pounds current money (one thousand pounds whereof, at least, to be of freehold estate)] shall be eligible as governor.
31, That the governor shall not continue in that office longer than three years successively, nor be eligible as governor until the expiration of four years after he shall have been out of that office.
32. That, upon the death, resignation, or removal out of this state, of the governor, the first named of the council, for the time being, shall act as governor, and qualify in the same manner, (and shall immediately call a meeting of] the general assembly [giving not less than fourteen days' notice of the meeting; at which] meeting a governor shall be appointed, in manner aforesaid, for the residue of the year.
33. That the governor, by and with the advice and consent of the council, may embody the militia ; and when embodied, shall alone have the direction thereof; and, shall also have the direction of all the regular land and sea forces, under the laws of this state, (but he shall not command in person, unless advised thereto by the council, and then only so long as they shall approve thereof;) and may alone exercise all other the executive powers of government, where the concurrence of the council is not required, according to the laws of this state,
and grant reprieves or pardons, for any crime, except in such cases where the law shall otherwise direct ; [and may, during the recess of the general assembly, lay embargoes to prevent the departure of any shipping, or the exportation of any commodities, for any time not exceeding thirty days in any one year, summoning the general assembly to meet within the time of the continuance of such embargo ;] and may also order and compel any vessel to ride quarantine, if such vessel, or the port from which she shall have come, shall, on strong grounds, be suspected to be infected with the plague ; but the governor shall not, under any pretence, exercise any power or prerogative, by virtue of any law, statute, or custom of England or Great Britain.
34. That the members of the council, or any three or more of them, when convened, shall constitute a board for the transacting of business; that the governor, for the time being, shall preside in the council, and be entitled to a vote on all questions in which they shall be divided in opinion ; and in the absence of the governor, the first named of the council shall preside ; and, as such, shall also vote in all cases where the other members disagree in their opinion.
35. That, in cases of refusal, death, resignation, disqualification, or removal out of the state, by any person chosen a member of the council, the members thereof, immediately thereupon, or at their next meeting thereafter, shall elect, by ballot, another person (qualified (as aforesaid?) in his place, for the residue of the year.
36. That the council shall have power to make the great seal of this state, which shall be kept by the chancellor for the time being, and affixed to all laws, commissions, grants, and other public testimonials, as has been heretofore practised in this state.
37. That no senator, delegate of the assembly, or member of the council, if he shall qualify as such, shall hold or execute any office of profit, or receive the profits of any offict exercised by any other person, during the time for which he shall be elected ; nor shall any governor be capable of holding any other office of profit in this state, while he acts as such, and no person, holding a place of profit, or receiving any part of the profits thereof, or receiving the profits arising on any agency, for the supply of clothing or provisions for the army or navy, or holding any office under the United States, or any of them-or a minister, or preacher of the gospel, of any denomination—or any person employed in the regular land service, or marine, of this, or the United States, shall have a seat in the general assembly, or in the council of this state.
38. That every governor, senator, delegate to (congress or] assembly, and member of the council, before he acts as such, shall take an oath, “ that he will not receive, directly or indirectly, at any time, any part of the profits of any office held by any other person, during his acting in his office of governor, senator, delegate to [congress, or] assembly, or member of the council, or the profits, or any part of the profits, arising on any agency, for the supply of clothing or provisions for the army or navy.”
39. That, if any senator, delegate to (congress, or] assembly, or member of the council, shall hold or execute any office of profit, or receive, directly or indirectly, at any time, the profits, or any part of the profits, of any office exercised by any other person, during his acting as senator, delegate to [congress, or] assembly, or member of the council-his seat (on conviction in a court of law, by the oath of two credible witnesses,) shall be void ; and he shall suffer the punishment for wilful and corrupt perjury, or be banished this state for ever, or disqualified for ever from holding any office or place of trust or profit, as the court may adjudge.
40. That the chancellor, [all judges,] the attorney general, [clerks of the general court,] the clerks of the county courts, the registers of the land office, and the registers of wills, shall hold their commissions during good behariour, removable only for misbehaviour, on conviction in a court of law.
41. That there be a register of wills appointed for each county, who shall be commissioned by the governor, on the joint recommendation of the senate and house of delegates; and that, upon the death, resignation, disqualification, or removal out of the county, by any register of wills, in the recess of the general assembly, the governor, with the advice of the council, may appoint and commission a fit and proper person to such vacant office, to hold the same until the meeting of the general assembly.
42. That sheriffs shall be elected in each county, by ballot, every third year ; that is to say, two persons for the office of sheriff for each county, the one of whom having the majority of votes, or if both have an equal number, either of them, at the discretion of the governor, to be commissioned by the governor, for the said office; and having served for three years, such person shall be ineligible for the four years next succeeding ; bond with security to be taken every year as usual: and no sheriff shall be qualified to act before the same is given. In case of death, refusal, resignation, disqualification, or removal out of the county, before the expiration of the three years, the other person, chosen as aforesaid, shall be commissioned by the governor, to execute the said office for the residue of the said three years, the said person giving bond with security as aforesaid ; and, in case of his death, refusal, resignation, disqualification, or removal out of the county, before the expiration of the said three years, the governor, with the advice of council, may nominate and commission a fit and proper person to exe